Calloway v. Georgia
Annotate this CaseSuzzett Calloway was convicted in a federal court of several crimes related to manufacturing methamphetamine. She then was convicted in a state court of felony murder predicated on manufacturing meth; the state charges arose from the same conduct as the federal charges. Calloway argued on appeal to the Georgia Supreme Court that the State’s prosecution was barred by OCGA 16-1-8 (c), which, in some instances, prohibits a successive prosecution when the accused was previously acquitted or convicted in federal court for the same conduct. Calloway also argued the evidence was insufficient to support the jury’s verdicts and that the trial court erred in allowing the prosecutor to “read the law” to the jury during closing arguments. The Supreme Court concluded the evidence was sufficient to support the jury’s verdicts, but Calloway’s federal conviction for attempt to manufacture meth barred a successive prosecution for the state crime of felony murder predicated on manufacturing meth. Therefore, the Court reversed her felony murder conviction, which unmerged her other convictions. Of those unmerged convictions, all counts were barred except possession of meth with intent to distribute, and this case was remanded to the trial court for resentencing on that count. The Court’s reversal of Calloway’s felony murder conviction rendered moot her argument about the prosecutor’s reading of the law on the issue of causation as an element of felony murder.
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